ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by A G NooraniSubscribe to A G Noorani

CIVIL LIBERTIES-The Police and Its Legal Accountability

December 17, 1983 CIVIL LIBERTIES The Police and Its Legal Accountability A G Noorani THE Union Home Secretary, T N Chaturvedi's remarks at Agra on November 13 at a seminar on "Police and Community Co-operation" merit careful study. He criticised the tendency among State governments to call for contingents of the BSF and the CRPF to solve their law and order problems. The presence of paramilitary forces in States lowered the morale of the local police and created complications. The States talked of decentralisation, yet invited these Central police forces.

CIVIL LIBERTIES-Citizen and Fare-Hikes

workers in different public undertakings and the different levels of wage revisions which have been arrived at through bipartite negotiations which result, it is argued, in competitive claims by workers. The increase in wages and allowances under the new agreements range from about 11 per cent to over 20 per cent as in the case of coal workers. It is, therefore, argued that greater uniformity must be effected in the wage levels of workers in different public sector undertakings in order to discourage competitive claims for increase in wages. What is missed in this line of argument, however, is that schematic uniformity can never work in the case of enterprises which otherwise are so different from each other. In any case, to set up a body somewhat similar to the Pay Commission for Central Government departmental employee smacks wholly of a wooden bureaucratic approach to the management of industrial relation in the public sector which will not work in practice.

CIVIL LIBERTIES-Citizen and Public Money

CIVIL LIBERTIES Citizen and Public Money A G Noorani WHEN the Prime Ministers, Indira Gandhi, arrogantly complained that non-Congress (I)' governments attacked her on the one hand and sought Central funds on the other, NTR rightly retorted that it was not from her personal funds that they were asking for assistance. It is another matter that he later asked that the remark be not reported.

CIVIL LIBERTIES-Doctors and Human Rights

October 22, 1983 CIVIL LIBERTIES Doctors and Human Rights A G Noorani SECOND only to lawyers, if at all, doctors perform an important role in the protection of human rights. But just as some lawyers have become accomplices in repression, so have many medical practitioners become handmaidens to violators of human rights.

CIVIL LIBERTIES-Human Rights and Scientific Advance

October 8, 1983 CIVIL LIBERTIES Human Rights and Scientific Advance A G Noorani THE issues of human rights are age- old. The context has changed and rendered the problem of devising safeguards to protect the rights more complicated. Telephone-tapping is one step beyond letter-interception. Electronic eavesdropping goes a step beyond phone-tapping. The violation of privacy and of individual liberty remains constant. The issue remains the same. The techniques of violation have improved. The problem of devising safeguards has become more complicated.

CIVIL LIBERTIES-Punishing by Executive Fiat

CIVIL LIBERTIES Punishing by Executive Fiat A G Noorani THE Madras High Courts judgment on August 18 censuring the Deputy Commissioner for publishing and enforcing a "novel scheme" of infusing traffic sense in jay-walkers has a much wider import than the facts of the case suggest, it is in effect a ruling on the utter illigality of inflicting punishment by a mere executive fiat without the authority of a law.

CIVIL LIBERTIES-Police Powers of Arrest

Police Powers of Arrest A G Noorani IT is amazing how the police authorities are able to run a coach and four through the Code of Criminal Procedure and even the Constitution, at times. and arrest and detain whomsoever they please with little thought for the liberty of the citizen. A recent judgment of the Madras High Court condemning the police's exercise of arbitrary powers reveals how Iong the police have been able to get away with sheer abuse of power.

CIVIL LIBERTIES- Accountability of Public Servants

14 p/unit which has now been revised to 30 p/unit).* In fact per capita consumption of power in Kerala at 110 units is lower than in Tamil Nadu (190 units) and Karnataka 1160 units), At the same time, it is also well recognised that there still exists considerable shortage of power in the northern districts of the state. A fact which has been repeatedly emphasised by the Kerala State Planning Board is the lopsided development of power in the state

CIVIL LIBERTIES-Civil Liberties Literacy

 CIVIL LIBERTIES Civil Liberties Literacy A G Noorani TIME and again one discovers that the age-old saying 'knowledge is power' is particularly true in the struggle for the protection of civil liberties in a democracy governed by the rule of law. Lawyers are no exception to this. The law is a vastly complicated affair. Lawyers are fond of saying that there is no right without a remedy. Hut devising an appropriate legal remedy for protection against or compensation for the violation of a right is none too easy. The powers that be take good care to cover their tracks and to shield themselves from accountability for their excesses. Libertarians need more than men; courage and determination. They need knowledge. They must know how to make the wrongdoers accountable, how to protect and assert the citizen's rights. Alas, there is not a single book in India comparable to, say, "Civil Liberty" of the British National Council for Civil Liberties. Written by various experts and covering a wide range of topics, it is available as an inexpensive Penguin. There is also Harry Street's guide "Freedom, the Individual and the Law". a Pelican.

CIVIL LIBERTIES- Political Past of Public Servants

 CIVIL LIBERTIES Political Past of Public Servants A G Noorani IT is, indeed, unfortunate that a ruling of such importance as in state of Madhya Pradesh vs RamashanJcer Raghuvanshi and Another should have been delivered only by a Division Bench of two Judges of the Supreme Court and with one of them, Mr Justice S Murtaza Fazal Ali, declining saying that the state's appeal should be dismissed summarily. Mr Justice O Chinnappa Reddy delivered a judgment, however, and it embodies consequently the ruling as pronounced by only a single judge as an obiter. That is no reason why the judgment should be ignoredIt deserves wide attention.

CIVIL LIBERTIES- Rights of an Accused

crore was less than what had been provided last year. The amount of brorowing by the government sector during 1982-83 rose by Rs 1,684 crore; this formed less than half of the expansion of Rs 3,465 crore in 1981-82 and was the lowest amount borrowed during the past four busy seasons. Significantly, increase in credit from the RBI to the government was less than 10 per cent of the expansion in 1981-82. Credit extended by commercial and cooperative banks showed a sizeable increase during the season. Net foreign exchange assets of the linking sector, the accretion to which amounted to Rs 126 crore, imparted an expansionary impulse in contrast to a contractionary influence to the tune of Rs 844 crore in 1981-82. This suggested that the external sector is re-emerging as an expansionary influence on money stock.

Film Censorship

Film censorship in India is notoriously arbitrary and absurd.

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